Judge: Hold line
on prison population

By William Kenny
Times Staff Writer

A recent order by a federal judge could dramatically change the way Philadelphia’s prison system manages its growing inmate population, but resuming full-scale operations at the old Holmesburg Prison is not an option, authorities say.
U.S. District Judge R. Barclay Surrick on Jan. 25 enjoined the prison system, the Philadelphia Police Department and the city as a whole from detaining convicts and accused criminals in lock-ups under unconstitutional conditions.
The 76-page ruling was in response to a civil class-action lawsuit filed last July on behalf of thousands of inmates complaining of a myriad of rights violations.
Overpopulation is generally considered to have been the root of the problems. At the time, Prisons Commissioner Leon A. King II declared that the total capacity of the system was 8,750. That figure included the five major jails in the system’s State Road complex and other smaller facilities.
Yet, over a span of weeks, the count often exceeded capacity, peaking at just short of 8,900 on June 24.
The overflow prompted King in July to order a moratorium on new admissions. As a result, police had nowhere to take arrested suspects, so they stayed in police cells around the city for days at a time.
According to the lawsuit, more than 300 prisoners were stuck in police jails on July 21 without proper medical screening, beds, showers, access to family, access to a lawyer and other necessities.
Meanwhile, the suit says, prison system intake units designed for 10 inmates were being used to hold 25 to 35 in similar conditions as the police jails. Normally, all new inmates pass through the Curran-Fromhold Correctional Facility before being assigned a permanent cell. At the time, King opened two additional intake units, but those quickly filled.
Citing testimony from a hearing last October, along with prison system records and his own tours of the facilities, Surrick essentially affirmed the complaints contained in the lawsuit.
"The opinion speaks pretty clearly that the court agreed with virtually all of our claims," said David Rudovsky, the noted inmate rights attorney and University of Pennsylvania professor representing the plaintiffs.
"The conditions in the prison system and (police jails) were unconstitutional and inhumane."
Surrick is "equally concerned it could and probably will happen again unless the city takes some pretty strong steps," Rudovsky added.
In the midst of the population crisis, King reopened the gymnasium portion of Holmesburg Prison as a temporary holding facility for up to 80 inmates. At 47 years old, the gym is one of the newer parts of the 110-year-old prison that once served as the city’s primary jail.
Holmesburg, on Torresdale Avenue, was closed in 1995 following the construction of Curran-Fromhold, which was named after a warden and his deputy who were killed during a 1973 inmate uprising at Holmesburg.
It was used briefly in 2000 as a temporary holding facility for protesters who had been arrested at Republican National Convention in South Philadelphia.
According to Michael Resnick, director of legal affairs for the prison system, there are no plans to expand use of Holmesburg Prison beyond its current level.
"The population there is the same as the population was when we opened it (last summer)," Resnick said. "We put eighty people over there. It’s very short-term, a couple of days, until they can get a permanent bed over here (on State Road)."
Also, the prison system places only lower-risk inmates at Holmesburg, Resnick added. As of Friday, there were 8,787 inmates in the prison system. If that number were to decline sufficiently, Holmesburg could be re-closed, as it was for about a week between Christmas and New Year’s Day, Resnick said. Immediate neighbors of the sprawling old prison remain concerned about its re-use.
"We don’t like having a prison right there," Fred Moore, president of the Holmesburg Civic Association, said of the Torresdale Avenue location. "On State Road, it’s kind of away from us in the residential area. (But) it’s not nice to have a prison in your back yard or front yard. … I guess the best thing they could do would be to tear it down, but that would be so expensive.
"We want to make sure nothing permanent is done, but there’s no guarantee," he added.
Chris Creelman, chief legislative aide to City Councilwoman Joan Krajewski, said that his boss backs neighbors on the issue. The councilwoman only approved of the 80 inmates on condition that the situation would be temporary.
"We’ve heard nothing from the administration regarding a more-permanent situation," Creelman said.
Krajewski (D-6th dist.) would never allow any new prison construction in the neighborhood, Creelman added.
Rudovsky, the civil rights attorney, doesn’t believe that the city can "build its way" out of the population problem, anyway. History has shown that as soon as a prison is built, it is filled.
"You’ve got to talk about the larger criminal justice system," he said.
Prison officials for months have discussed a variety of alternatives involving other local agencies.
Courts could work longer days, thereby reducing the time between hearings and increasing the inmate turnover in the prisons. The city’s parole and probation office could be expanded in hope of reducing the frequency of repeat criminal offenders. The city could contract out to other jurisdictions to place inmates during high-population periods.
Formally, Rudovsky has not endorsed any solutions, pointing out that it’s the city’s responsibility, at least for the time being.
"We’ve been giving the city suggestions for thirty years," he said. "But they run the city. They run the prisons. We don’t."
If the city fails to ensure constitutional conditions, however, the plaintiffs seek stronger court intervention and possibly the release of low-bail inmates, whom Rudovsky argues would pose little risk to the community if released.
"There are a lot of people (in jail) who would be released if they could or their families could come up with the money," the attorney said.
Rudovsky acknowledges that the prison system and police department don’t have the authority to release anybody outside the conditions set by a judge.
District Attorney Lynne Abraham vehemently opposes inmate releases, citing the propensity for the released to skip court hearings and commit more crimes.
Immediate neighbors are less concerned about inmates that are released, according to Moore.
"I think that these people who break out occasionally or who are released, the last thing they want to do is hang around this neighborhood," the civic leader said.
While inmate population generally hits a high mark in October, prison officials say, many eyes will be watching the prisons in the coming months to see how the head count compares to last year’s marks and how the system manages it. ••
Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com